Section 62: Local development plan

95.     Section 62 makes provision for local planning authorities to prepare local development plans (LDPs) setting out their objectives in relation to the use and development of land in their area and their general policies for the implementation of those objectives. More detailed policies for specific areas may also be included. The section sets out matters, including the WSP, to which authorities are to have regard when preparing LDPs. LDPs must be subjected to a sustainability appraisal. The National Assembly for Wales may make regulations about the form and content of LDPs.

Section 63: Preparation requirements

96.     Section 63 requires LDPs to be prepared in accordance with a community involvement scheme and a timetable. It defines a community involvement scheme as the local planning authority's policy for involving other persons in the authority's functions under this Part. It requires the authority and the Assembly to attempt to agree the terms of the scheme and timetable and provides a power of direction for the Assembly where agreement is not possible.

Section 64: Independent examination

97.     This section requires the authority to submit their LDP to the Assembly for independent examination by a person appointed by the Assembly. It states that the purpose of the examination is to examine whether an LDP meets the statutory requirements relating to its content and preparation and whether it is sound.

Section 65: Intervention by Assembly

98.     Section 65 allows the Assembly to intervene if it believes that an LDP is unsatisfactory. In such a situation, if the LDP has not been adopted, the Assembly may direct that an authority must modify its LDP. The Assembly may also call the LDP in for approval by it. If an independent examination of the called in LDP is already in process, the person appointed to carry out that examination is required to report to the Assembly, which must publish the person's recommendations. If the Assembly's direction is given before the document has been submitted for examination, it is required to hold an examination.

Section 66: Withdrawal of local development plan

99.     Section 66 enables a local planning authority to withdraw an LDP before it is adopted. However, if the LDP has been submitted for independent examination, it can be withdrawn only on the recommendation of the person carrying out that examination or following a direction by the Assembly.

Section 67: Adoption of local development plan

100.     Section 67 provides for LDPs to be formally adopted by local planning authorities, either as originally prepared or with modifications (in accordance with the recommendation of the person who carried out the independent examination). The Assembly may direct the authority not to adopt an LDP.

Section 68: Revocation of local development plan

101.     Section 68 enables the Assembly to revoke an adopted LDP at the request of a local planning authority.

Section 69: Review of local development plan

102.     Section 69 requires a local planning authority to review an LDP at such times as the Assembly may prescribe and to report to the Assembly on the findings of the review.

Section 70: Revision of local development plan

103.     Section 70 empowers a local planning authority to revise an LDP at any time. If a review under section 69 indicates that they should do so, or they are directed to do so by the Assembly, then they must carry out a revision. The procedures relating to preparation of an LDP also apply to revisions.

Section 71: Assembly's default power

104.     Section 71 enables the Assembly to prepare, revise or approve an LDP if it believes the local planning authority is failing properly to carry out the function itself. The authority must reimburse the Assembly for any expenditure it incurs in exercising these powers.

Section 72: Joint local development plans

105.     Section 72 enables two or more local planning authorities jointly to prepare an LDP and sets out the arrangements which are to apply in such a case. If an authority withdraw from an agreement to prepare an LDP jointly, it will be possible for the remaining authority or authorities to continue with the preparation of the LDD provided that the LDP satisfies the conditions required for it to be treated as a "corresponding document".

Section 73: Exclusions of certain representations

106.     Section 73 reproduces in relation to the making of LDPs by local planning authorities in Wales the effect of section 32 in relation to local development documents.

Section 76: Annual monitoring report

107.     Section 76 requires a local planning authority to report annually to the Assembly on the extent to which the objectives set in the LDP are being achieved. It provides a power for the Assembly to prescribe in regulations the timing, form and content of the report.

PART 7: CROWN APPLICATION OF PLANNING ACTS

Section 79: Crown application of planning Acts

108.     This section makes each of the planning Acts bind the Crown, subject to certain provisions and exceptions. The planning Acts are the Town and Country Planning Act 1990 ("the principal Act"), the Planning (Listed Buildings and Conservation Areas) Act 1990 ("the listed buildings Act") and the Planning (Hazardous Substances) Act 1990 ("the hazardous substances Act"). Section 79 also introduces Schedule 3, which amends the planning Acts to take account of Crown application.

Section 80: Special provision relating to national security

109.     Section 80 deals with the arrangements for planning inquiries where matters of national security are at issue. It adds eight new subsections to section 321 of the principal Act and a new section 321A. Section 321 provides that all oral evidence at planning inquiries must be heard in public, and that documents must be open to public inspection. There is, however, an exception. This is when there would be public disclosure of information relating to national security or to the security of any premises or property, and that public disclosure would be contrary to the national interest. The new provisions provide for the appointment and functions of a special advocate to represent the interest of those people who are prevented from seeing the sensitive material. They also provide for the payment of the special advocate, whether or not an inquiry takes place. The remainder of section 80 repeats these provisions for the listed buildings Act and the hazardous substances Act.

Section 81: Special provision relating to national security: Wales

110.     Section 81 sets out how the arrangements as described in section 80 will differ for inquiries in Wales, again set out three times, once for each of the planning Acts.

Section 82: Urgent Crown development

111.     Section 82 contains the urgency procedures for Crown applications. It provides that where the appropriate authority (as defined in section 293 of the principal Act) certifies that the development is of national importance and that it is necessary that the development is carried out urgently, the appropriate authority may apply directly to the Secretary of State instead of to the local planning authority. The appropriate authority must provide the Secretary of State with all the necessary documentation, including an environmental statement, if required. The application is to be treated as if it were a "called-in" application. This will mean that the Inquiries Procedure Rules apply, enabling complementary changes to the Rules to be made to shorten the period leading up to the public inquiry.

Section 83: Urgent works relating to Crown land

112.     This section provides for a procedure for works to Crown land under the listed buildings Act that is an almost identical procedure to that under section 82. This provision is designed for development works to listed buildings, not for repairs or remedial works.

Section 84: Enforcement in relation to Crown land

113.     This section provides that the Crown should remain immune from prosecution for any offence under the planning Acts. Local planning authorities will be able to initiate enforcement action by serving enforcement notices or issuing revocation orders etc, but will not be able to enforce them by entering land, bringing proceedings or making applications to the court without the permission of the appropriate authority.

Section 85: Tree preservation orders affecting land where the Forestry Commissioners interested

114.     Section 85 provides that any tree preservation orders made on land placed at the disposal of the Forestry Commission do not apply to prevent forestry operations undertaken by the Commission.

Section 86: Trees in conservation areas: acts of Crown

115.     Section 86 prohibits the Crown from doing any act to a tree in a conservation area which might be prohibited by a tree preservation order, unless it serves notice of its intention on the local planning authority and does the act either with the consent of the authority or between six weeks and two years after the date of the notice.

Section 87: Old mining permissions

116.     This section deals with old mining permissions granted in the period 1943-1948 that were validated by the 1947 Town and County Planning Act. The section enables Crown bodies holding such permissions to have the opportunity to register such permissions and apply for the determination of new conditions, on the same terms that applied to all other permissions when the Planning and Compensation Act 1991 was implemented.

Section 88: Subordinate legislation

117.     Section 88 provides the Secretary of State with a power to make an order to simplify the application of existing planning subordinate legislation to the Crown, with or without modifications.

Section 89: Crown application: transitional

118.     This section introduces Schedule 4 which makes transitional provisions to deal with Notices of Proposed Development submitted by the Crown to the local planning authority in accordance with the guidelines set out in DOE Circular 18/84.

Section 90: Crown application of Scottish planning Acts

119.     Section 90 creates an equivalent provision to section 79 for the principal Scottish planning Act, the Scottish listed buildings Act and Scottish hazardous substances Act, with the exception of the transitional arrangements for hazardous substances. The Scottish Executive intend that corresponding transitional provisions will be made by subordinate legislation in Scotland. Section 90 also introduces Schedule 5, which amends the Scottish planning Acts to take account of Crown application.

Section 91: Special provision for certain circumstances where disclosure of information as to national security may occur: Scotland

120.     Section 91 introduces a new section 265A to the principal Scottish planning Act and applies it to the Scottish listed buildings and hazardous substances Acts. This new section has a similar effect to that of sections 321 and 321A of the principal planning Act in England and Wales as amended and introduced by section 80. The new section gives a concurrent power exercisable by either the Scottish Ministers or the Secretary of State to make directions restricting disclosure of specified evidence at inquiry. However, before the Scottish Ministers make such a direction, they are required to consult the Secretary of State. The concurrent power and consultation requirement reflect the fact that national security functions are reserved and planning functions are devolved. The Secretary of State and the Scottish Ministers are given powers to make rules as to the procedure to be followed respectively by them before giving a direction. In addition, the power to appoint special advocates in Scotland is conferred on the Lord Advocate to reflect the differences of the Scottish legal system.

Section 92: Urgent Crown development: Scotland

121.     Section 92 provides for similar procedures to those set out in section 82 in relation to the Scottish principal planning Act.

Section 93: Urgent works relating to Crown land: Scotland

122.     Section 93 provides for similar procedures to those set out in section 83 in relation to the Scottish listed buildings Act.

Section 94: Enforcement in relation to Crown land: Scotland

123.     Section 94 makes amendments to Scottish planning legislation along the same lines as section 84. It introduces new sections 245A (Enforcement in relation to the Crown) and 245B (References to an interest in land) to the principal Scottish planning Act. It also introduces equivalent amendments to the Scottish listed buildings Act (new sections 73D and 73E) and the Scottish hazardous substances Act (new sections 30B and 30C).

Section 95: Tree preservation orders: Scotland

124.     Section 95 amends section 162 of the principal Scottish planning Act in a virtually identical way to the amendment of section 200 of the principal Act under section 85.

Section 96: Trees in conservation areas in Scotland: acts of Crown

125.     Section 96 amends section 172 of the principal Scottish planning Act in a virtually identical way to the amendment of section 211 of the principal Act under section 86.

Section 97: Old mining permissions: Scotland

126.     Section 97 makes changes to Scottish planning legislation similar to those made by section 87 for England and Wales.

Section 98: Subordinate legislation: Scotland

127.     Section 98 provides a similar power to the Scottish Ministers to that provided by section 88 for the Secretary of State.

PART 8: COMPULSORY PURCHASE

Section 99: Compulsory acquisition of land for development etc

128.     Section 99 amends the basis upon which a local authority may acquire land compulsorily for the carrying out of development, redevelopment or improvement. The authority will be able to acquire land if they think the carrying out of development, re-development or improvement is likely to be of economic, social or environmental benefit to their area. A local authority is defined by section 226(8) of the Town and Country Planning Act 1990 as a council of a county, county borough, district or London borough. A joint planning board and a National Park authority may exercise the same power.

Section 100: Procedure for authorisation by authority other than a Minister

129.     Section 100 amends the procedure for the making and confirmation of non-ministerial compulsory purchase orders set out in the Acquisition of Land Act 1981 to achieve the following :

-     extend the categories of persons with interests in land who are entitled to be served with notice of the making of the order and who have a right to have any objections heard at a public local inquiry;

-     require the fixing of notices of the making of an order on or near the order land;

-     provide for objections to an order to be considered by means of written representations in accordance with a prescribed procedure (as an alternative to an inquiry or hearing) where all those with remaining objections consent, and to provide for awards of costs where the written representations procedure is followed;

-     allow confirmation of orders in stages; and

-     extend the existing requirement to give notice of confirmation of an order to include fixing a notice on or near the order land.

130.     The intention behind all these changes is to make the statutory procedures fairer and quicker.

Section 101: Procedure for authorisation by a Minister

131.     Section 101 amends the procedure for the preparation in draft and the making of a ministerial compulsory purchase order under Schedule 1 to the Acquisition of Land Act 1981 in a similar manner to the amendments in section 100 for the making and confirmation of non-ministerial compulsory purchase orders, other than provision for an award of costs.

Section 102: Confirmation by acquiring authority

132.     Section 102 inserts a new section 14A into the Acquisition of Land Act 1981 to enable the confirming authority for a compulsory purchase order to transfer the decision whether or not to confirm to the acquiring authority. This power may only be exercised if there are no objections to the order and certain other specified conditions are met. This is intended to help to speed up the confirmation of unopposed compulsory purchase orders, and should be particularly helpful in situations where, as part of a wider land assembly exercise, an acquiring authority needs to exercise its compulsory purchase powers in order to acquire title to land in unknown ownership.

Section 103: Assessment of compensation: valuation date

133.     Section 103 amends the Land Compensation Act 1961 which sets out the basic rules for assessing compensation on the compulsory purchase of land. It inserts a new section 5A which sets out the date on which the value of the land is to be assessed for the purpose of determining the amount of compensation payable.

Section 104: Compensation: advance payments to mortgagees

134.     Section 104 inserts three new sections (52ZA, 52ZB and 52ZC) into the Land Compensation Act 1973 (the 1973 Act). These new sections make it possible for advance payments of the compensation due to a claimant following the compulsory purchase of his land to be paid direct to his mortgagee where appropriate.

Section 105: Power to require information

135.     Section 105 inserts two new sections into the Acquisition of Land Act 1981.

136.     New section 5A gives an acquiring authority the power to require it to be provided with the names and addresses of those who own, occupy or are believed to have an interest in land if the authority has a statutory power to acquire compulsorily. The power may only be exercised for the purpose of enabling the authority to acquire the land. Such a power will enable an acquiring authority to ascertain ownership and occupation of land for the purpose of early negotiations for purchase by agreement and for service of notices on the appropriate persons set out in sections 98 and 99 in any subsequent exercise of compulsory purchase powers.

137.     New section 5B makes failure to provide such information without reasonable excuse or knowingly to provide materially false information an offence. Conviction can result in a fine on level 5 on the standard scale (currently £5,000 maximum).

Sections 106-109: Loss payments

138.     Sections 106 to 109 introduce a new statutory scheme in the Land Compensation Act 1973, which will operate in addition to the home loss scheme set out in that Act. It replaces the existing farm loss payments scheme. The new provisions allow for "loss payments" to be made to those who have a certain interest in property, but who are not entitled to receive home loss payments under the home loss scheme set out in sections 29 to 33 of the 1973 Act.

Section 106: Basic loss payment

139.     Section 106 introduces a new section 33A to the Land Compensation Act 1973. This new section provides that a person who is an owner or tenant of property that is compulsorily acquired (and who has held that interest for no less than a year) is entitled to a payment called a "basic loss payment". This payment will be made in addition to the compensation paid for the value of his or her interest in the property and his or her disturbance costs. The amount of this payment is to be assessed at the rate of 7.5% of the value of the person's interest, subject to a maximum of £75,000. If the person is entitled to a home loss payment in respect of any part of the property which is a dwelling, the value of the interest in the dwelling part of the property must be deducted from the value of the interest in the whole when assessing the basic loss payment.

140.     The basic loss payment will not be available in respect of compulsory acquisitions which are made before these provisions of the Act are brought into force.

Section 107: Occupier's loss payment

141.     Section 107 inserts a new section 33B and a new section 33C into the Land Compensation Act 1973. Section 33B relates to occupiers of agricultural land that is compulsorily acquired. Section 33C relates to occupiers of non-agricultural land that is compulsorily acquired. Both sections provide for the payment of what is called an "occupier's loss payment" (in addition to the basic loss payment) to any person who satisfies the conditions for the basic loss payment and who has also occupied the land being acquired for a period of no less than a year. The amount of the payment is assessed at a rate of 2.5% of the value of the occupier's interest, or on the basis of a formula based on the area of the land or the floor space of the building being acquired, whichever gives the greatest figure, in each case subject to a maximum of £25,000. Again, if part of the property is a dwelling in respect of which the person could claim a home loss payment, the value of the interest in the dwelling must be deducted from the value of the interest in the whole when assessing the occupier's loss payment.

142.     The occupier's loss payment will not be available in respect of compulsory acquisitions which are made before these provisions of the Act are brought into force.

Section 108: Loss payments: exclusions

143.     Section 108 inserts a new section 33D into the Land Compensation Act 1973 which excludes entitlement to loss payments in certain situations. These are where an acquiring authority has exercised its compulsory purchase powers as a result of a failure to comply with the requirements of one of the notices specified in this section, or as a result of a person having had one of the specified orders served upon him. These notices and orders deal with the neglect of property. The purpose of this section is therefore to prevent those whose neglect has prompted a compulsory purchase order from benefiting from that neglect.

Section 109: Loss payments: supplementary

144.     Section 109 inserts sections 33E to 33K into the Land Compensation Act 1973. It sets out the supplementary provisions required to operate the loss payment scheme, covering: the arrangements for making a claim; who can make a claim if the person who is entitled to do so is insolvent or dies; situations of dual entitlement to both an occupier's loss payment in respect of agricultural land and a payment by virtue of the Agriculture (Miscellaneous Provisions) Act 1968 (which deals with additional payments consequent on compulsory acquisition of agricultural holding); date of payment by acquiring authorities, advances of payment and interest and acquisitions by agreement between an authority and a person entitled to a loss payment.

145.     The Secretary of State may make regulations to amend any of the figures or percentages specified in the newly inserted sections of the 1973 Act. For any changes to percentages or to amounts not based on changes in the value of money or land, the regulations would be subject to the affirmative resolution procedure in Parliament.

Section 110: Corresponding amendments of other enactments

146.     Section 110 is applicable to an enactment in which provision is made for the compulsory acquisition of an interest in land, or the interference with or affectation of any right in relation to land, or for the payment of compensation as a result. The Secretary of State may by order amend such an enactment so that its provisions correspond to or apply those contained in Part 8 of the Act. Any such orders would be subject to the affirmative resolution procedure in Parliament.

PART 9: MISCELLANEOUS AND GENERAL

Section 113: Validity of strategies, plans and documents

147.     The purpose of this section is to prescribe the procedure to be followed in relation to a challenge to any of the specified documents (including a revision of an RSS, the WSP, a development plan document or an LDP). It also sets out the circumstances in which such a challenge may be made. These are when a specified document is in some respect outside the scope of the powers under which it should have been made; and/or where a procedural requirement has not been complied with in relation to a document.

Section 114: Examinations

148.     Section 114 defines independent examinations under Part 2 or Part 6 of the Act as statutory inquiries. This means that the Tribunals and Inquiries Act 1992 will apply to such examinations and thus that the Lord Chancellor is able to make procedural rules in relation to them.

Section 115: Grants for advice and assistance

149.     Section 115 introduces a new section into the Town and Country Planning Act 1990 to allow the Secretary of State or the National Assembly for Wales to give grants to bodies, such as Planning Aid, which provide advice and assistance on all aspects of the planning process.

Section 117: Interpretation

150.     Section 117 provides that expressions used in the Act (unless otherwise indicated) are to have the same meaning as expressions used in the planning Acts.

Section 118: Amendments

151.     This section introduces Schedules 6 and 7. Schedule 6 makes amendments to the planning Acts; Schedule 7 makes amendments to other legislation. All these amendments are consequential upon the provisions of the Act.